MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING APPEALS OF 2 HENRICO COUNTY, HELD IN THE COUNTY ADMINISTRATION BUILDING IN THE 3 GOVERNMENT CENTER AT PARHAM AND HUNGARY SPRING ROADS, ON 4 THURSDAY NOVEMBER 19, 2020 AT 9:00 A.M., NOTICE HAVING BEEN PUBLISHED 5 IN THE RICHMOND TIMES-DISPATCH NOVEMBER 2, 2020 AND NOVEMBER 9, 6 2020. 7 8 9 Members Present: Terone B. Green, Chair 10 Walter L. Johnson, Jr. , Vice-Chair 11 Gentry Bell 12 Terrell A. Pollard 13 James W. Reid 14 15 Also Present: Benjamin Blankinship, Secretary 16 Leslie A. News, Senior Principal Planner 17 Paul M. Gidley, County Planner 18 R. Miguel Madrigal, County Planner 19 Rosemary Deemer, County Planner 20 Kristin Smith, County Planner 21 Kuronda Powell, Account Clerk 22 23 24 Mr. Green - Good morning and welcome to the November 19, 2020 25 meeting of the Henrico County Board of Zoning Appeals. Would those who are able to 26 stand , please join us for the Pledge of Allegiance. 27 28 [Recitation of the Pledge of Allegiance] 29 30 Mr. Green - Mr. Blankinship will now read our rules. 31 32 Mr. Blankinship - Good morning, Mr. Chair, members of the Board , good 33 morning to those of you who are in the room with us today. There are also two remote 34 options for participating in this meeting. There is a livestream on the Planning Department 35 webpage, and we are hosting a video conference using Webex. I'd like to welcome 36 everyone who is joining us remotely. 37 38 If you wish to observe the meeting , but you do not intend to speak, welcome and thank 39 you for joining us. For those of you on Webex, if you wish to speak, we need to know 40 that in advance so we can connect you at the appropriate time. So if you are an applicant 41 or if you have questions or comments on one of the cases, please press the chat button 42 now. It is located in the bottom right corner of the screen. 43 44 When the chat window opens, please select Kristen Smith from the list of participants and 45 let her know your name and which case you're interested in . The chat feature is only Nove mber 19, 2020 46 being used to identify a speaker, so please do not type questions or comments into a 47 chat. But please send a chat to Kristen Smith now so she can organize the queue. 48 49 We have an unusual agenda this morning . We have three new cases, one conditional 50 use permit and two variances. We also have two deferred cases. And we are going to 51 take up the new cases first. After the Board decides those cases, we will have a short 52 presentation by the staff and then the Board will take up the two deferred cases. 53 54 So let me explain the procedures. Acting as secretary, I will call each case, and then we 55 will ask everyone in the room who intends to speak to that case to stand and be sworn 56 in . Then a member of the Planning Department staff will give us a brief presentation. 57 Then the applicant will present their request. 58 59 Then anyone else who wishes to speak will be given the opportunity. We'll hear from 60 citizens in the room first, and then from those on Webex. And after everyone has had a 61 chance to speak the applicant and only the applicant will have an opportunity for rebuttal. 62 63 This meeting is being recorded , so we will ask everyone in the room who speaks to please 64 use the microphone on the lectern at the back of the room there, and please state your 65 name and spell your last name so we get it correctly in the record . 66 67 And with that, Mr. Chair, I believe we are ready for the first of the new cases. 68 69 Mr. Green - Thank you. 70 71 CUP2020-00042 GILLIES CREEK INDUSTRIAL RECYCLING, LLC requests a 72 conditional use permit pursuant to Section 24-116(d)(3) of the County Code to 73 expand an existing landfill at 4200 Masonic Lane (Parcel 806-719-8851) zoned 74 General Industrial District (M-2) (Varina). 75 76 Mr. Blankinship - Would everyone who intends to speak to this case please 77 stand and be sworn in? We are having issues with the display. I don't know what that 78 means. Hmm. Mr. Chair, I recommend that we take a few minutes of break while they 79 get the technology sorted out. 80 81 Mr. Green - So done. 82 83 [Break called] 84 85 Mr. Blankinship - Back to the first case, then. Conditional use permit 2020, 86 number 42. 87 88 CUP2020-00042 GILLIES CREEK INDUSTRIAL RECYCLING, LLC requests a 89 conditional use permit pursuant to Section 24-116(d)(3) of the County Code to 90 expand an existing landfill at 4200 Masonic Ln (Parcel 806-719-8851) zoned General 91 Industrial District (M-2) (Varina). November 19, 2020 2 Board of Zonin g Appeals - BZA 92 93 Mr. Blankinship - Is there anyone in the room who intends to speak to this case? 94 All right. Mr. Gidley, you can begin. 95 96 Mr. Gidley - You didn't swear in . 97 98 Mr. Blankinship - That's fine. I believe you. 99 100 Mr. Gidley - Thank you, Mr. Secretary, and good morning , Mr. Chair, 10 1 members of the Board. The subject property is located on the western side of Masonic 102 Lane along the southern boundary of Interstate 64. During the 1970s this site was used 103 for sand and gravel mining. In 1996 a plan of development was approved here to operate 104 a recycling center. In addition to this POD, the Board of Zoning Appeals has approved 105 two conditional use permits for landfilling on the site. .106 101 You can see the area right here. Over the years the recycling center has covered much 108 of the site. 109 110 In 2018 this Board approved another conditional use permit. This allowed the expansion 111 of the facility into the northern portion of the site shown right here. Other than an access 112 road and four soil stockpiles, this area has largely been undeveloped. The base elevation 113 of this area is roughly 126-feet above sea level. The four soil stockpiles rise roughly 24 11 4 feet above this level to a total of 150 feet. This application would increase the elevation 15 of the entire area to match the existing stockpiles. The soil would then be stabilized with 116 vegetation. 117 118 In evaluating this request, the property is zoned M-2, General Industrial District, and is 119 designated Planned Industry on the Future Land Use Map. This proposal is consistent 120 with these designations. As far as substantial detrimental impact, the nearest dwellings 121 to the fill site are part of the Masonic Home, and they're roughly 1000 feet away to the 122 northeast on the other side of Interstate 64. And you can see those right here. 123 124 Masonic Lane itself is a collector road that is wide enough to have four travel lanes. The 125 only detrimental impact staff could potentially see is to the Evergreen Cemetery to the 126 west here. The access road to the cemetery comes in real close to the property line and 121 so if this whole property was cleared , there would be nothing really to protect people at 128 the cemetery from the landfilling side. 129 130 So what they've done is the plans here show - I can zoom in . You can see all along here 131 there's a 50-foot undisturbed buffer that would remain wooded , and this would help to 132 provide some privacy to those entering on the access road right here to the cemetery. So 133 long as this buffer is maintained, any detrimental impact to the cemetery staff believes 134 would be limited. 135 136 So , in conclusion , this conditional use permit was approved two years ago, and 137 circumstances have not changed substantially since that time. The property is part of an November 19, 2020 3 Board of Zoni ng Appeals - BZA 138 active industrial site that was mined in the past. Their existing soil stockpiles are up to 139 150 feet in elevation and filling the designated portion of the site to that same elevation 140 would be consistent with the comprehensive plan and the zoning designation. Staff 14 1 recommends approval of this request subject to the conditions in your staff report. 142 143 This concludes my presentation. If you have any questions, I'll be happy to answer those, 144 thank you. 145 146 Mr. Green - Thank you . Are there any questions from the Board of staff? 147 We will now hear from the applicant. 148 149 Ms. Deemer - Mr. Chairman, we are going to unmute Mr. Randy Hooker. Mr. 150 Hooker, you're unmuted. 151 152 Mr. Hooker - Good morning. 153 154 Mr. Blankinship - Good morning. 155 156 Mr. Hooker - This is Randy Hooker with Engineering Design Associates. 157 also have with me Chris Liesfield, the contact for this project. We've reviewed the 158 conditions of approval. Do not have any concerns with the conditions. However, we did 159 find -- and this was actually the case for the last CUP, but condition number 9 states 160 Strath Road , it should state Masonic Lane.